Jerome:
‘‘I now
offer to prove by this
witness the exact date on which these pictures were taken, which was,
Mrs. Thaw
testified, the day before she was drugged by Stanford White. And I
further
offer to prove that on that oeeasin Stanford White was not where she
said he
was.”

Smith: “Thaw sat down beside me,
and offered me a cigar. I said, ‘No, thank you.’ He said, ‘How’s that,
don’t
you smoke at all?' I said I occasionally smoked cigarets. He then took
out
his cigaret case, offered me one, and I took it and thanked him. He
struck a
match and lit my cigaret, and his cigar. He asked me how I liked the
play, and
I said I did not care for it much. I thought it slow and not the sort
of play
for a roof-garden. He said, ‘It is different from those you
usually see on
the roof-garden. It is a relief to see it, and I think it will be a
success.’ I
said I doubted it.

“A few moments later he
said, ‘What are you doing in Wall
Street now—any speculating?I answered that I did not speculate
in Wall
street. He said he thought there was a great chance in copper; he
mentioned
Amalgamated and one other. And he also said Steel was good; he could
not see why
steel stocks were kept down; the company was doing a bigger business
than ever.
He said if he had any money he would put it in steel and copper,
particularly
copper.

“Then suddenly he said:
‘Where are you going this summer?I told him that I was going to Europe
on
Thursday. He wanted to know what ship I was going on, and when I told
him he
said he did not like the ship. He said he was going on the Amerika because he could get
on that ship a large suite of rooms, where he could have his meals
served in
his apartments. Then he said: ‘Are you alone over here?I told
him
that I had left my wife in Paris.

“When Thaw left me he walked
around several times, looking
over the audience, toward the place where he subsequently shot White.
Finally
his friends arrived, and then I heard three pistol shots and saw a
cloud of
black smoke. I saw Thaw after the shooting, aiming his pistol toward
the floor.

“I went to the entrance,
keeping my eyes on Thaw all the
while. Then I saw a man lying face downward on the floor. The man’s
face was so
blackened with powder I did not recognize my brother-in-law and left
the place
without knowing who the man was.”

[On cross-examination, Smith
testified that Thaw was not intoxicated on the night of the
murder.]